Vapor permeable water and fire-resistant expansion joint seal having a closed cell foam member, and permitting varied compressibility and height differentials

ABSTRACT

The present disclosure relates generally to systems for providing a durable water-resistant and fire-resistant foam-based seal in the joint between adjacent panels. A fire-resistant and water-resistant expansion joint seal is provided which includes one or more foam members and a plurality of intumescent members interspersed within the foam member or members to provide a spring recovery force and fire resistance.

CROSS-REFERENCE TO RELATED APPLICATIONS

This application is a continuation-in-part of U.S. patent applicationSer. No. 15/822,309 filed Nov. 27, 2017 for “Vapor permeable water andfire-resistant expansion joint seal,” which is incorporated herein byreference, the benefit of which and the priority to are hereby claimed,which is a continuation-in-part of U.S. patent application Ser. No.15/714,390 filed Sep. 25, 2017 for “Expansion joint seal system withinternal intumescent springs providing fire retardancy,” which isincorporated herein by reference and which issued on Jun. 19, 2018 asU.S. Pat. No. 10,000,921, which is a continuation of U.S. patentapplication Ser. No. 15/217,085 filed Jul. 22, 2016 for “Expansion JointSeal System Providing Fire Retardancy,” which is incorporated herein byreference and which issued on Oct. 31, 2017 as U.S. Pat. No. 9,803,357,the benefit of which and the priority to are hereby claimed.

STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT

Not Applicable.

BACKGROUND Field

The present disclosure relates generally to systems for creating adurable water-resistant and fire-resistant foam-based seal in the jointbetween adjacent panels. More particularly, the present disclosure isdirected to providing an expansion joint seal system which includes aplurality of intumescent members to protect the adjacent substrates andjoint.

Description of the Related Art

Construction panels come in many different sizes and shapes and may beused for various purposes, including roadways, sideways, tunnels andother pre-cast structures. Where the construction panels are concrete,it is necessary to form a lateral gap or joint between adjacent panelsto allow for independent movement, such in response to ambienttemperature variations within standard operating ranges. These gaps arealso used to permit moisture to be collected and expelled. Cavity wallsare common in masonry construction, typically to allow for water ormoisture to condense or accumulate in the cavity or space between thetwo exterior walls. Collecting and diverting moisture from the cavitywall construction can be accomplished by numerous well-known systems.The cavity wall is often ventilated, such as by brick vents, to allowair flow into the cavity wall and to allow the escape of moisture heator humidity. In addition to thermal movement or seismic joints inmasonry walls, control joints are often added to allow for the knowndimensional changes in masonry over time. Curtain wall or rain screendesign is another common form of exterior cladding similar to a masonrycavity wall. Curtain walls can be designed to be primarily watertightbut can also allow for the collection and diversion of water to theexterior of the structure. A cavity wall or curtain wall design cannotfunction as intended if the water or moisture is allowed to accumulateor condense in the cavity wall or behind a curtain wall or rain screendesign cannot be diverted or redirected back to the outside of the wall.If moisture is not effectively removed it can cause damage ranging fromaesthetic in the form of white efflorescence buildup on surface to moldand major structural damage from freeze/thaw cycling.

Thus, expansion and movement joints are a necessary part of all areas ofconstruction. The size and location of the movement depends on variablessuch as the amount of anticipated thermal expansion, load deflection andany expected seismic activity. Joint movement in a structure can becyclical in design as in an expansion joint or in as a control joint toallow for the shrinkage of building components or structural settling.These movement joints serve an important function by allowing a properlydesigned structure to move and the joint to cycle over time and to allowfor the expected dimensional changes without damaging the structure.

Expansion, control and movement joints are found throughout a structurefrom the roof to the basement, and in transitions between horizontal andvertical planes. It is an important function of these expansion jointsto not only move as intended but to remain in place through their usefullifespan. This is often accomplished by extending the length and/orwidth of the expansion joint system over or past the edge of the gap orjoint opening to attach to the joint substrate or another buildingcomponent. Examples of building components that would ideal tointegrally join an expansion joint with and seal would be, although notlimited to, waterproofing membranes, air barrier systems, roofingsystems and transitions requiring the watertight diversion of rainwater. Although these joints represent only a small percentage of thebuilding surface area and initial cost, they often account for a largepercentage of waterproofing, heat loss, moisture/mold problems and otherserious interior and exterior damage during the life of the building.

Conventional joint sealants like gunnable sealants and most foam sealsare designed to hold the water out of the structure or expansion joint.However, water can penetrate the joint substrate in many ways such ascracks, poor sealant installation, roofing details and a poroussubstrate or wall component. When water or moisture enters the wall thenormal sealing function of joint sealant may undesirably retain themoisture in the wall. Foam joint seals known in the art typically relyon the application of an elastomer sealant on the primary or exposedface of foam to provide the water resistant function. Such joint sealsare not waterproof, but retard the penetration of water into the jointby providing a seal between adjacent substrates for a time and under amaximum pressure. Particularly, such joint seals are not waterproof—theydo not preclude water penetration under all circumstances. While this ishelpful initially to keep water out of the joint and structure it doesnot allow for this penetrating water or moisture to escape.

Further complicating operation, some wall designs, such as cavity walls,allow for moisture to enter a first wall layer where it collects and isthen directed to the outside of the building by flashing and weep holes.In these systems, water can sometimes be undesirably trapped in thecavity wall, such as at a mortar bridge in the wall, or other impedimentcaused by poor flashing selection, design or installation. When a cavitywall drainage system fails, water is retained within the structure,leading to moisture accumulating within in the wall, and to anefflorescence buildup on the exterior of the wall. This can also resultin freeze-thaw damage, among other known problems.

To be effective in this environment, fully functional, foam-based jointseals require a minimum compression ratio and impregnation density. Itis known that higher densities and ratios can provide addition sealingbenefits. Cost, however, also tends to increase with overall density.There is ultimately a trade-off between compression ratio/density rangeand reasonable movement capabilities at about 750 kg/m³. As can beappreciated, this compressed density is a product of the uncompresseddensity of the material and the desired compression ratio to obtainother benefits, such as water resistance. For example, a foam having anuncompressed density of 150 kg/m³ uncompressed and compressed at a 5:1ratio results in a compressed density of 750 kg/m³. Alternativeuncompressed densities and compression ratios may reach that compresseddensity of 750 kg/m³ while producing different mechanical properties. Ithas been long known in the art that a functional water and fireresistant foam expansion joint sealant can be constructed using anuncompressed impregnated foam density range of about 80 kg/m³ at a 5:1compression ratio, resulting in a compressed density of 400 kg/m³. Thisfunctional water and fire resistant foam expansion joint sealant iscapable of maintaining position within a joint and its profile whileaccommodating thermal and seismic cycling, while providing effectivesealing, resiliency and recovery. Such joint seals are not fireproof,but retard the penetration of fire into the joint by providing a sealwhich protects the adjacent substrates or the base of the joint for atime and under a maximum temperature. Particularly, such joint seals arenot fireproof—they do not preclude the burning and decomposition of thefoam when exposed to flame.

Another alternative known in the art for increasing performance is toprovide a water resistant impregnated foam at a density in the range of120-160 kg/m³, ideally at 150 kg/m³ for some products, with a mean jointsize compression ratio of about 3:1 with a compressed density in a rangeof about 400-450 kg/m³, although greater densities may also be used.These criteria ensure excellent movement and cycling while providing forfire resistance according to DIN 4102-2 F120, passing UL 2079 for atwo-hour rating or greater and an ASTM E-84 test result with a FlameSpread of 0 and a Smoke Index of 5. This density range is well known inthe art, whether it is achieved by lower impregnation density and higherfoam compression or higher impregnation density and a lower compressionratio, as the average functional density required for an impregnatedopen cell foam to provide sealing and other functional properties whileallowing for adequate joint movement up to +/−50% or greater. Foamshaving a higher uncompressed density may be used in conjunction with alower compression ratio, but resiliency may be sacrificed. As thecompressed density increases, the foam tends to retard water moreeffectively and provides an improved seal against the adjacentsubstrates. Additives that increase the hydrophobic properties orinexpensive fillers such as calcium carbonate, silica or aluminahydroxide (ATH) provided in the foam can likewise be provided in agreater density and become more effective. Combustion modified foamssuch as a combustion modified flexible polyurethane foam, combustionmodified ether (CME) foam, combustion modified high resilience (CMHR)foam or combustion modified Viscoelastic foam (CMVE) can be utilized inthe preferred embodiments to add significant fire resistance to theimpregnated foam seal or expansion joint without adding additional fireretardant additives. Foam that is inherently fire resistant or ismodified when it manufactured to be combustion or fire-resistant reducesthe cost of adding and binding a fire retardant into the foam. Thismethod has been found to be advantageous in allowing fire resistance infoam seals configured in very high compression ratios such 5:1 andhigher.

By selecting the appropriate additional component, the type of foam, theuncompressed foam density and the compression ratio, the majority of thecell network will be sufficiently closed to impede the flow of waterinto or through the compressed foam seal thereby acting like a closedcell foam. Beneficially, an impregnated or infused open cell foam can besupplied to the end user in a pre-compressed state in rolls/reels orsticks that allows for an extended release time sufficient to install itinto the joint gap. To further the sealing operation, additionalcomponents may be included. For example, additives may be fully orpartially impregnated, infused or otherwise introduced into the foamsuch that at least some portion of the foam cells are effectivelyclosed, or a hydrophobic or water resistant coating is applied. However,the availability of additional components may be restricted by the typeof foam selected. Closed cell foams which are inherently impermeable forexample, are often restricted to a lower joint movement range such as+/−25% rather than the +/−50% of open celled foams. Additionally, theuse of closed cell foams restricts the method by which any additive orfillers can be added after manufacture. Functional features such as fireresistance on the Cellulosic time-temperature curve or passing therequirements for a UL 2079 listing for two hours or greater can behowever be achieved in a closed cell foam seal without impacting themovement properties. Intumescent graphite powder added to a polyethylene(PE), ethylene vinyl (EVA) acetate or other closed cell foam duringprocessing in a ratio of about 10% by weight has been found to be ahighly effective in providing flexible and durable water and fireresistant foam seal. While intumescent graphite is preferred, other fireretardants added during the manufacture of the closed cell foam areanticipated and the ratio of known fire retardants, added to theformulation prior to creating the closed cell foam, is dependent on therequired fire resistance and type of fire retardant. Open celled foams,however, present difficulties in providing water-resistance andtypically require impregnation, infusion or other methods forintroducing functional additives into the foam. The thickness of a foamcore or sheet, its resiliency, and its porosity directly affect theextent of diffusion of the additive throughout the foam. The thicker thefoam core or sheet, the lower its resiliency, and the lower itsporosity, the greater the difficulty in introducing the additive.Moreover, even with each of these at optimum, the additive will likelynot be equally distributed throughout the foam, but will be at increaseddensity at the inner or outer portions depending on the impregnationtechnique.

A known solution in the art is the use of foam segments bonded togetherto provide a lamination. However, lamination increases cost due to theadditional time and labor required as a forming fixture is oftenrequired for construction of the lamination. The required time and laboris further increased if additional function coatings are required tocreate a composite material with the desired properties.

It is also known that the thin built-up laminations must be adhesivelybonded to avoid separation, and therefore failure, under thermal shock,rapid cycling or longitudinal shear. Because of the cost to effectivelybond the laminations, a cost/performance assessment sometimes produceslaminations loosely held together by the foam compression rather than byan adhesive. While this is known in the art to be somewhat effective inlow performance applications and OEM assembly uses, it also known thatit cannot meet the demands of high movement seismic, shear, deflectionjoints or where fail-safe performance is required. In light of theseissues, the preferred embodiment for a high movement impregnated foamexpansion joint has been found to instead be a monolithic foam designcomprised of a single impregnated foam core. However, lamination systemsare often still considered desirable when the lamination adds afunctional feature such as integrating a water resistant membrane, afire resistant layer or other beneficial function.

Construction of lamination systems are typically considered undesirableor inferior for a high movement or rapid cycling fire resistantexpansion joint sealant. The higher compression ratios and greatervolumes of fire retardant additives are likely to cause the foam tofatigue more rapidly and to lose much of its internal recovery force.This proves problematic over time due to the anticipated exposure tomovement and cycling as the impregnated foam will tend to lose itsrecovery force and rely more on the push-pull connection to the jointsubstrate. When foam laminations are vertically-oriented, thelaminations can de-bond or de-laminate and separate from one another,leading to only the outer most lamination remaining attached to thejoint substrate, resulting in the laminated foam joint sealant ceasingto provide either water, air or fire resistance.

A known alternative or functional supplement to the use of variousimpregnation densities and compression ratios is the application offunctional surface coatings such as water-resistant elastomers orfire-resistant intumescents, so that the impregnated foam merely servesas a “resilient backer”. Almost any physical property available in asealant or coating can be added to an already impregnated foam sealantlayering the functional sealant or coating material. Examples wouldinclude but not limited to, fire ratings, waterproofing, color, UVresistance, mold and mildew resistance, soundproofing, impactresistance, load carrying capacity, faster or slower expansion rates,insect resistance, conductivity, chemical resistance, pick-resistanceand others known to those skilled in the art. For example, a sealant orcoating having a rating or listing for Underwriters Laboratories 2079may be applied to an impregnated compressed foam to create a fireresistant foam sealant.

One approach to addressing the shortcomings has been the creation ofcomposite materials, where the foam core—whether solid or composed oflaminations of the same or differing compositions—is coated or surfaceimpregnated with a functional layer, so that the foam is merely aresilient backer for the sealant, intumescent or coating, such that thecomposition and density become less important. These coatings, and theassociated properties, may be adhered to the surface of each layer of acore or layered thereon to provide multiple functional properties. Ascan be appreciated, the composite material may have different coatingsapplied the different sides to provide desired property or propertiesconsistent with its position. Functional coatings such as awater-resistant sealant can protect the foam core from absorbingmoisture even if the foam or foam impregnation is hydrophilic.Similarly, a functional coating such as a fire-rated sealant added tothe foam core or lamination with protect a foam or foam impregnationthat is flammable. A biocide may even be included. This could belayered, or on opposing surfaces, or—in the case of a laminate body—onperpendicular surfaces.

Additionally, it has become desirable, and in some situations required,for the joint sealant system to provide not only water resistance, butalso fire resistance. A high degree of fire resistance in foams andimpregnated foam sealants is well known in the art and has been abuilding code requirement for foam expansion joints in Europe for morethan a decade. Fire ratings such as UL 2079, DIN 4102-2, BS 476, EN1399,AS1503.4 have been used to assess performance of expansion joint seals,as have other fire resistance tests and building codes and as the basisfor further fire resistance assessments, the DIN 4102 standard, forexample, is incorporated into the DIN 18542 standard for “Sealing ofoutside wall joints with impregnated sealing tapes made of cellularplastics—Impregnated sealing tapes”. While each testing regime utilizesits own requirements for specimen preparation and tests (water test,hose stream tests, cycling tests), the 2008 version of UL 2079, the ISO834, BS 476: Part 20, DIN 4102, and AS 1530.4-2005 use the Cellulosictime/temperature curve, based on the burning rate of materials found ingeneral building materials and contents, which can be described by theequation T =20+345*LOG(8*t+1), where t is time in minutes and T istemperature in C. With thermocouples on the unexposed side of the testassembly, the bottom 124 of each of the plurality of foam members 102,to obtain a fire endurance duration rating under UL 2079, the jointsystem must sustain the applied load during the rating period and, forthose less than a maximum width of six (6) inches, the transmission ofheat through the joint system shall not have raised the temperature atthe hottest point more than 325° F. (181° C.) above its initialtemperature during the rating period. For joint systems having a maximumwidth equal to or greater than six (6) inches, the temperature rise asdetermined by the average of all values recorded over the joint systemshall not have increased by more than 250° F. (139° C.). Forfloor-to-wall and head-of-wall systems, transmission of heat through thejoint system shall not have raised the temperature of the structure(substrates included) one (1) inch from the joint system more than 325°F. (181° C.) above its initial temperature during the rating period.While differing somewhat, each of these testing regimes addressescycling and water resistance. The fire resistance of a foam sealant orexpansion has been sometimes partially or fully met by infusing,impregnating or otherwise putting into the foam a liquid-based fireretardant, such as aluminum tri-hydrate or other fire retardantscommonly used to add fire resistance to foam. Unfortunately, thisincreases weight, alters the foam's compressibility, and may not providethe desired result without additional fire resistant coatings oradditives if a binder, such as acrylic or polyurethane, is selected totreat the foam for fire and water resistance. Doing so while maintainingmovement properties may affect the foam's compressibility at densitiesgreater than 750 kg/m³. Ultimately, these specialty impregnates andinfused compositions increase product cost.

It has further become desirable or functionally required to apply a fireresistant coating to the foam joint systems to increase fire and waterresistance, but often at the sacrifice of movement. Historically,fire-resistant foam sealant products that use an additional fireresistant surface coating to obtain the life safety fire properties havebeen limited to only +/−25% movement capability, especially whenrequired to meet longer time-temperature requirements such as UL2079's 2hour or longer testing. This +/−25% movement range is too limited formost movement joints and would not meet most seismic movement andexpansion joint requirements. One well-known method for utilizing theselow movement fire resistant joint sealants is to increase the width orsize of the joint opening, an undesirable and expensive alternative, toallow for a commonly required +/−50% joint movement rating.

Unfortunately, supplying a pre-coated foam seal from the factoryrequires long leads times due to the required curing time, which canoften hold up completion of projects in the final stages. Thisshortcoming is exacerbated if the composite material requires anadditional functional layer to provide the desired properties.Installing the foam seal and adding another sealant in the fieldeliminates the one-step advantage of pre-compressed foam seals. Therequired multi-step process is labor and skill intensive and becomeseven more challenging when the joint becomes greater than one inch,which pose difficulties for installation and to provide an aestheticallypleasing finished joint seal.

It would be an improvement to the art to provide an expansion joint sealwhich provided resistance to fire and water, retained compressibilityover time, and did not require impregnating, infusing or compressionforcing a large amount of solid fillers into the foam structure.

SUMMARY

The present disclosure therefore meets the above needs and overcomes oneor more deficiencies in the prior art. The disclosure provides afire-resistant and water-resistant expansion joint seal, comprising oneor more foam members and a plurality of intumescent members, such thateach intumescent member is interspersed between two foam members orwithin a foam member. The foam members generally having a common foamlength. Each of the foam members is at least five times wider than thenarrowest of the intumescent members, although all foam members need notbe of common width and all intumescent members need not be of consistentwidth. The intumescent members are typically of common height andpresent a wave-like cross-section, though height variations may beselected for mechanical preferences provided the intumescent members donot extend beyond the foam members. Similarly, the foam members are ofcommon height, which is may be equivalent to the height of theintumescent members.

Additional aspects, advantages, and embodiments of the disclosure willbecome apparent to those skilled in the art from the followingdescription of the various embodiments and related drawings.

BRIEF DESCRIPTION OF THE DRAWINGS

So that the manner in which the described features, advantages, andobjects of the disclosure, as well as others which will become apparent,are attained and can be understood in detail; more particulardescription of the disclosure briefly summarized above may be had byreferring to the embodiments thereof that are illustrated in thedrawings, which drawings form a part of this specification. It is to benoted, however, that the appended drawings illustrate only typicalpreferred embodiments of the disclosure and are therefore not to beconsidered limiting of its scope as the disclosure may admit to otherequally effective embodiments.

In the drawings:

FIG. 1 illustrates an end view of an expansion joint seal according tothe present disclosure.

FIG. 2 illustrates a side view of an expansion joint seal according tothe present disclosure.

FIG. 3 illustrates several potential wave-life profiles of theintumescent member.

FIG. 4 illustrates an end view of an alternative expansion joint sealaccording to the present disclosure.

FIG. 5 illustrates an end view of another alternative expansion jointseal according to the present disclosure.

FIG. 6 illustrates an alternative embodiment including a coatingaccording to the present disclosure.

FIG. 7 illustrates an alternative embodiment including an impregnateaccording to the present disclosure.

FIG. 8 illustrates an alternative embodiment including an internalbarrier according to the present disclosure.

FIG. 9 illustrates an alternative embodiment including a membraneaccording to the present disclosure.

FIG. 10. illustrates an alternative embodiment including a membraneaccording to the present disclosure.

DETAILED DESCRIPTION

The present disclosure provides a fully fire-rated expansion joint thatis designed primarily with the driving rain, but vapor permeable,waterproofing and cycling function of an expansion joint in mind. Thepresent disclosure provides for effective joint seal, which may sustaina 70+ mph (600 Pa) driving rain or greater. The present disclosure mayalso allow vapor pressure to escape/transfer moisture back to theexterior of the structure. The present disclosure provides a highlywater resistant system that can additionally allow for moisture tomigrate back out of the wall, typically through vapor pressure. Further,the present disclosure provides a fire resistant system withoutimpacting the water-resistance or vapor permeability properties of theimpregnated foam seal. The present disclosure provides intumescentmembers in a vertical orientation that unexpectedly add transfer loadsupport to the exposed surface. The present disclosure providesalternatives which are horizontally-oriented to enhance the internalrecovery force of the expansion joint seal and to retain positivepressure on the joint substrate. The present disclosure further providesthe exposed foam top surface may be coated or partially coated with aflexible or semi-rigid elastomer to increase load carrying capabilitywhich is further enhanced by the supporting intumescent members.

As can be appreciated, sealants, coatings, functional membranes,adhesives and other functional materials may be applied to or includedwithin the components of the disclosure.

Referring to FIG. 1, an end view of an expansion joint seal according tothe present disclosure is provided. The fire-resistant andwater-resistant expansion joint seal 100 includes a plurality of foammembers 102 and a plurality of intumescent members 106. Each of theplurality of foam members 102 has a foam length 202, a foam width 104and a foam height 114. The foam length 202, a foam width 104, and foamheight 114 may vary from one foam member 102 to another. Thus one foammember 102 may not have top which is not co-planar with the top ofanother foam member 102, presenting an uneven top surface.

Referring to FIG. 2, a side view of an expansion joint seal according tothe present disclosure is provided. Each of the intumescent members 106has an intumescent length 204, which may be equivalent to the foamlength 202. Intumescent members 106 may have an intumescent length 204shorter than the foam length 202, and a plurality of separateintumescent members 106 may be sequentially positioned along the foam102 to be nearly equivalent to the foam length 202. Separate, shorterintumescent members 106 may be beneficial in avoiding any propagation ofa failure of the resiliency of any one intumescent member 106. Each ofthe plurality of intumescent members 106 has an intumescent width 108.Additionally, each of the plurality of intumescent members 106 has alateral cross section 110, presents a wave-like profile 112, and has anintumescent member height 116. The intumescent member 106 is thereforerigid, or at least semi-rigid, resilient, and derives a spring forcefrom that rigidity and resiliency. The degree of rigidity andintumescing may be controlled by selecting the composition of theintumescent members, such as an intumescent compound bound in a polymermatrix or a member formed entirely of an intumescent compound ormaterial. The intumescent length 204, the intumescent width 108, theintumescent height 116, and the wave-like profile 112 may vary from oneintumescent member 106 to another, resulting in different spring forcesin the different intumescent members 106. The narrowest of the foammembers 102 has a foam width 104 is at least five (5) times theintumescent width 108 of the narrowest intumescent member. Eachintumescent member 106 is preferably interspersed between, and adheredto, the adjacent two foam members 102, so as to present an integralwhole. The intumescent member height 116 of each intumescent member isequal to, or less than, the foam height 114 of the adjacent foam members102. The foam members 102 may be a single foam body where theintumescent member height 116 is less than, the foam height 114.Preferably, each of the plurality of intumescent members 106 present anidentical wave-like profile 112, through variations may be selected tofurther the disclosure. The intumescent member 106 is selected from acomposition and in a waveform to provide a spring force with a long lifeagainst fatigue.

Any of various types of foam known in the art may be selected for foammember 102, including compositions such as polyurethane and polystyrene,and may be open or closed cell. The uncompressed density of the foammembers 102 may also be altered for performance, depending on localweather conditions. Because of the fire-resistant and water-resistantexpansion joint seal 100 may be composed of a plurality of foam members102, more than one composition may be selected for the various foammembers, such that at least one foam member 102 has a mechanicalproperty or composition different from the balance of the plurality offoam members 102. One or more of the foam members 102, for example, maybe selected of a composition which is fire retardant or water resistant.

The foam member 102 is sized to provide a foam width 104 of sufficientwidth to provide the water resistance function while be sufficientlynarrow to be shielded from fire when the adjacent intumescent members106 intumesce, thereby providing a continuous protective insulating charlayer as a barrier across the fire-resistant and water-resistantexpansion joint seal 100.

The foam members 102 may be selected to provide a lower density atinstallation, whether by a low uncompressed density or a lowercompression ratio, so as to provide a spring force less than that of theintumescent members 106. The foam members 102 therefore accommodatelateral compression caused by fluctuation of the distance between thesubstrates, the joint width, while the intumescent members 106, byvirtue of the wave-like profile 112 provide the spring force in at leastthe plane parallel to the substrate faces, but potentially alsotransverse to the joint. Downward loads on the fire-resistant andwater-resistant expansion joint seal 100 are thus opposed by theintumescent members 106, which compress in response to loading and whichtransfer the vertical load into the horizontal plane, and therefore intothe foam members 102. The intumescent members 106 therefore supportdownward loads by compressive support. The intumescent members 106, byvirtue of the common wave shape, retard any vertical deviation of thefoam members 102, as the compression ratio is lowest when theintumescent members 106, and therefore the foam members 102, arealigned. As provided above, the foam members 102 may be provided as arectangular prism—resulting in differing compression ratios along thebody, or cut to match the wave-like profile 112 of the intumescentmembers 106. Where a common wave-like profile 112 is utilized, theintumescent members 106 allow for greater concentration of intumescentmembers 106 without substantially impacting the compressibility ratio ofthe foam members 102.

A foam member 102 may be altered to provide additional functionalcharacteristics. A foam member 102 may be infused, impregnated,partially impregnated or coated with an impregnation material or binderthat is designed specifically to provide state of the art foam sealwater-resistance properties with a uniform and consistent distributionof the waterproofing binder.

A foam member 102 may also, or alternatively, be infused or impregnatedor otherwise altered to retain a fire retardant, dependent on function.Any suitable open cell foam type with a density of 16-45 kg/m³ or highercan provide an effective water-resistant foam-based seal by varying theimpregnation density or the final compression ratio.

One or more of the foam members 102 may be selected from an inherentlyhydrophilic foam or have a hydrophilic component such as a hydrophilicpolymer that is uniformly distributed throughout the foam. The foammembers 102 may include strategically-placed surface impregnation orpartially impregnate with a hydroactive polymer. Because the primaryfunction of the foam body 102 is waterproofing, rather thanfire-resistance, the addition of a hydrophilic function does notnegatively impact the fire-resistant properties, as an increasedmoisture content in the foam body 102 may increase fire resistiveproperties. Beneficially, because the intumescent members 106 providefire resistance, the present disclosure provides for a water and fireresistant expansion joint sealant without the need to impregnate thefoam body 102 with a fire retardant.

Moreover, a foam member 102 may be selected from partially closed cellor viscoelastic foams. Most prior art foams seals have been designed as“soft foam” pre-compressed foam seals utilizing low to medium densityfoam (about 16-30 kg/m³) and softer foam (ILD range of about 10-20).Higher density “hard” foams with high ILD's may provide an effectivefoam seal meeting the required waterproofing (600 Pa minimum and ideally1000 Pa or greater) and movement and cycling requirements such as ASTME-1399 Standard Test Method for Cyclic Movement and Measuring theMinimum and Maximum Joint Widths of Architectural Joint Systems as wellas long term joint cycling testing. An advantage has been found in usinghigher density and higher hardness (higher ILD) foams particularly inhorizontal applications. While at first this might seem obvious it isknown in the art that higher density foams that are about 32-50 kg/m³with an ILD rating of about 40 and greater tend to have otherundesirable properties such as a long term decrease in fatigueresistance. Desirable properties such as elongation, ability to resistcompression set, foam resiliency and fatigue resistance typicallydecline relative to an increase in density and ILD. These undesirablecharacteristics are often more pronounced when fillers such as calciumcarbonate, melamine and others are utilized to increase the foam densityyet the cost advantage of the filled foam is beneficial and desirable.Similarly, when graft polyols are used in the manufacture of the basefoam to increase the hardness or load carrying capabilities, otherdesirable characteristics of the base foam such as resiliency andresistance to compression set can be diminished. Through the testing ofnon-conventional impregnation binders and elastomers for pre-compressedfoam sealants such as silicones, urethanes, polyureas and the like, ithas been found that materials that have reduced tack or adhesiveproperties after cure and which provide a high internal recovery forcecan be used to counteract the long term fatigue resistance of the highdensity, high ILD foams. Further, it has been found that by firstimpregnating and curing the foam with the injected or impregnatedsilicone, acrylic, urethane or other low tack polymers and, ideally,elastomers with about 200% elongation or greater providing a sufficientinternal recovery force, that it was additionally advantageous tore-impregnate the foam with another elastomer or binder to provide atimed expansion recovery at specific temperatures. The impregnationmaterials with higher long term recovery capabilities imparted to thehigh density, high ILD base foams, such as a silicone or urethaneelastomers, can be used to impart color to the foam seal or be a clearor translucent color to retain the base foam color. If desirable asecond impregnation, partial impregnation or coating can be applied toor into the foam seal to add additional functional characteristics suchas UV stability, mold and mildew resistance, color, fire-resistance orfire-ratings or other properties deemed desirable to functionality tothe foam.

Viscoelastic foams have not typically been commercially available orused for foam seals due to perceived shortcomings. Commonly usedformulations, ratios and methods do not provide a commercially viablefoam seal using viscoelastic foam when compared to standard polyurethanefoams. Open cell viscoelastic foams are more expensive than polyester orpolyether polyurethane foams commonly used in foam seals. Anyimpregnation process on a viscoelastic foam tends to proceed slower thanon a traditional foam due to the fine cell structure of viscoelasticfoam. This can be particularly frustrating as the impregnation materialsand the impregnation process are typically the most expensive componentof a foam seal. However, because of their higher initial densityviscoelastic foams can provide better load carrying or pressureresistant foam seal. Both properties are desirable but not fullyprovided for in the current art for use in applications such as loadcarrying horizontal joints or expansion joints for secondarycontainment. Common densities found in viscoelastic foams are 64-80kg/m³ or greater. Additionally, viscoelastic foams have four functionalproperties (density, ILD rating, temperature and time) compared toflexible polyurethane foams, which have two primary properties (densityand an ILD rating).

However, the speed of recovery of viscoelastic foams followingcompression may be increased by reducing or eliminating anyimpregnation, surface impregnation or low adhesive strength impregnationcompound. Incorporating fillers into the impregnation compound is knownto be effective in controlling the adhesive strength of the impregnationbinder and therefore the re-expansion rate of the impregnated foam. Bysurface impregnating or coating the outside surface of one or both sidesof viscoelastic foam to approximately 10% of the foam thickness, such asabout 3-8 mm deep for conventional joint seals, the release time can becontrolled and predicted based on ambient temperature. Alternatively,the foam can be infused, partially impregnated or impregnated with afunctional or non-functional filler without a using binder but ratheronly a solvent or water as the impregnation carrier where the carrierevaporates leaving only the filler in the foam.

The re-expansion rate of a seal using viscoelastic foam may becontrolled by using un-impregnated viscoelastic foam strips andre-adhering them with a pressure sensitive adhesive or hot meltadhesive. When the seal is compressed, the laminating adhesive serves asa temporary restriction to re-expansion allowing time to install thefoam seal. Viscoelastic foam may be advantageously used, rather thanstandard polyurethane foam, for joints requiring additional softness andflexibility due to higher foam seal compression in hot climates orexposure or increased stiffness in cold temperatures when a foam seal isat its minimum compressed density. Additionally, closed cell, partiallyclosed cell and other foams can be used as in combination with theviscoelastic foams to reduce the overall cost.

When desired, one of the foam members 102 may be replaced with anon-foam member, a body member, composed of other materials, includingrubber. Likewise, one of the foam members 102 or the body member, whenused, may be incompressible or have a compressibility substantially lessthan the remaining foam members 102.

The combination of the force damping foam member 102 and thespring-force intumescent 106 performs the function of providing waterresistance without degradation common in the art. The fire-resistant andwater-resistant expansion joint seal 100 effectively seals whileproviding a vapor-permeable barrier, allowing for vapor pressure toescape/transfer moisture back to the exterior of the structure. Thefire-resistant and water-resistant expansion joint seal 100 may sustaina 70+ mph (600 Pa) driving rain or greater.

Referring to FIG. 3, a plurality of potential forms for the wave-lifeprofile 112 of the intumescent member 112 are illustrated. The wave-likeprofile 112 of the intumescent member 106 may be selected from waveformsknown in the art, including a triangle wave 302, a sine wave 304, asquare wave 306, a sawtooth 308, an irregular wave 310, or anycombination of any waveforms known in the art. The wave-like profile 112may thus provide a zig-zag or wavy profile which may be generallyparallel to the face of the joint substrate.

The reaction of the intumescent member 106 to heat may be selected fordesired temperature to select the temperature at which the intumescentmembers 106 cease providing structural support and begin intumescing toprovide fire protection. Temperature selection may be desirable toaddress high pressure water incidents as opposed to fire events. As aresult of temperature selection and fire retardant properties of theintumescent members 106 and their interspersing between the foam of thefire-resistant and water-resistant expansion joint seal 100, the foammember 102 need not include a fire retardant. When these intumescentmembers 106 expand upon exposure to fire, the joint is afforded someprotection against fire damage. The intumescent members 106 expand uponexposure to the selected temperature, providing a wider cross section ofintumescent expansion and protective crusting over the fire-resistantand water-resistant expansion joint seal 100. Beneficially, thewave-like profile does not result in the joint seal pulling out of thejoint during expansion in response to heat, due to the wave-like profile112 exerting force in multiple directions. As can be appreciated, thewave-like profile 112 may be selected to provide desired directionalexpansion.

Overlapping intumescent fire protection is thus provided without thenecessity of a continuous member or a coating that connects or touchesto both substrates. A continuous, straight cross intumescent crossmember, for example, would be too rigid and would no compress or extend,precluding operation of the fire-resistant and water-resistant expansionjoint seal 100. Even continuous elastomeric intumescent sealants on thesurface in a bellow configuration tend to limit the joint movementcapacity and are therefore less desirable.

Offsetting intumescent members 106 so as to overlap the adjacentintumescent member 106 upon intumescing ensures a continuous protectivebarrier at the exposed portion of the fire-resistant and water-resistantexpansion joint seal 100 while ensuring that movement of thefire-resistant and water-resistant expansion joint seal 100 is notrestricted until such time. These intumescent members 106, to the extentnot reactive to fire, provide backpressure support for thefire-resistant and water-resistant expansion joint seal 100 duringexposure to high pressure water.

Referring again to FIGS. 1 and 2, the intumescent members 106, due tothe wave-like profile 112 further provide a spring force in the verticalplane, generally parallel to the faces of the adjacent substrates wheninstalled. The fire-resistant and water-resistant expansion joint seal100 may therefore have the capability to provide the movement of atleast +/−50% intended for seismic movement and able to meet rapidcycling requirements.

The wave-like profile 112 offsets forces within the foam members 112 andpermits transfer of loads within the foam members 102 in variousdirections in response to loading, particularly for above. This mayprove valuable in lower compression or lower impregnation densitiesrequired for higher movement fire rated joint designs. Conventionalsystems, or systems which might incorporate planar intumescent memberslack this force transfer and require an intumescent to protrude or beencased in a wrapping not suitable for exposed, primary sealant orhorizontal traffic expansion joints. The wave-like profile 112 permits afire-resistant and water-resistant expansion joint seal 100 with lowdensity foam, which may even be vapor permeable, which may permit a sealwith +/−100% movement in a non-invasively attached non-metallic orrefractory blanket design. When combined with a foam member 102 having adesirable fire rating, the intumescent member 106 with a wave-likeprofile 112 may provide an even-more desirable fire-resistance withoutthe increased depth otherwise required to meet fire-rating standards.This shallower depth to width ratio results in easier installation andlower cost.

When desired, a common wave-like profile 112 may be used, allow forgreater concentration of intumescent members 106 between the foam member102 without substantially impacting the compressibility ratio of thefoam member 102 and while retarding any vertical deviation of the foammember 102. Because the foam will seek a lowest state of compression,the common wave-like profile 112 of the plurality of intumescent members106 causes the foam member 102 to remain aligned. This may be furtheredby selecting the appropriate shape for each of the foam member 102members—whether rectangular prisms, resulting in localized areas ofhigher compression, or cut to match the wave-like profile 112 so as toavoid such localized areas of higher compression. A selection ofnon-common wave-like profiles 112 may be desirable to further alter thecompression within each foam member 102. Alternatively, intumescentmembers 106 with differing wave-like profiles 112 may be used, such asthose nearly flat for positioning adjacent the substrates for substrateprotection or for a bonding surface.

The intumescent members 106, and if desired foam member 102, may beselected for depth as to the extent of protection needed. Theintumescent members 106 and the foam member 102, for example, might havea reducing thickness for the intumescent members 106 and/or foam member102 positioned in the center of the joint. Alternatively, theintumescent members 106 may be vertically centered with respect to thefoam member 102, but have an intumescent height 116 clearly less thanthe foam height 114, so that the intumescent members 106, whichproviding the spring force in both planes, is not exposed initiallybetween the foam member 102 sections. Additionally, an intumescentmember 106 may have a height 116 shorter than the foam height 114 topermit a bonding between adjacent foam members 102 or may permit thesectioning of a foam member 102 with the intumescent member 106 imposedwithin it.

The intumescent member 106 can be laminated with or otherwise bonded toa resilient member 120 or increase its resistance to moisture and toprovide increased durability. The resilient member height 122 of theresilient member 120 can be greater than the intumescent member height122 of the intumescent member 106. The spring force of the resilientmember 120 may be selected to beneficially increase the durability andrecovery force of the intumescent member 106. The spring force of theresilient member 120 increases the internal recovery force of thefire-resistant and water-resistant expansion joint seal 100 withoutrequiring an increase or reduction in the impregnation density orcompression ratio of the foam members 102.

The intumescent members 106 may be formed of a hydrophilic intumescentmember that expands when wet, increasing the resistance of thefire-resistant and water-resistant expansion joint seal 100 to impactdamage and hose stream type forces. A hydrophilic intumescent member 106would thus expand against the joint, retaining its spring function andpushing in different directions, without expanding outward.

Referring to FIGS. 1 and 3, the intumescent member 112 and its wave-lifeprofile 112 may be formed within the foam 102. The foam 102 may be cutto the desired wave-life profile 112 and a flexible intumescent masticor sealant applied to the foam at the desired thickness to provide theintumescent members 106. The intumescent members 106 may be formed insitu from other fire resistant material having sufficient flexibility toallow for compression after curing while providing a compensating returnforce when exposed to compression. This in situ formation of theintumescent members 106 may further provide beneficial cost savings byallowing alternating use of the rigid intumescent member and the highermodulus intumescent mastic/sealant. Additionally, the in situ formationmay provide a well-fitted assembly between the foam 102 and theintumescent members 106. Preformed intumescent members 106, however, maybe advantageous for better compressing the foam to different ratios toincrease the compressive force resistance and reduce the tendency of thefoam to take a compression set over time. Regardless, the intumescentmembers 106 offer the same fire resistant properties in conjunction withan impregnated open cell foam, and alternatively a closed cell foam,with a primary function to act as a water resistant seal.

The present disclosure thus avoids the foam member 102 taking acompression set, such as during a hot summer, so that when thesubstrates separate in cold weather, the foam member 102 has lostresiliency and fails instead of expanding to fill the increased jointsize. The wave-like profile 112 of the intumescent member 106 retardssuch a condition. The foam member 102, particularly when cut inrectangular profiles and imposed between each intumescent member 106,has localized areas of differing compression. The portion of foam member102 adjacent an impinging wave-like profile 112 is compressed, while theportion of foam member 102 distant the impinging wave-like profile 112,and therefore adjacent the corresponding section in the adjacentintumescent member 106 or a substrate is in a lower state ofcompression, essentially inducing expansion of the foam member 102intermediate the two positions. The foam member 102 thereforeaccommodates lateral compression caused by fluctuation of the distancebetween substrates joint width. The recovery speed and force of thefire-resistant and water-resistant expansion joint seal 100 can bemodified by selecting a foam member 102 with a higher or lower IndentionLoad Deflection (ILD), which is used to determine the “hardness” orresistance to compression of the foam. Additionally, the foam member 102may be selected to provide a sufficiently porous body to permit vapor toescape from the joint.

Referring to FIG. 4, an end view of an alternative expansion joint sealaccording to the present disclosure is provided. A further fireretarding layer 402 may be applied across the top 404 of thefire-resistant and water-resistant expansion joint seal 100. The fireretarding layer 402 may be an intumescent or a fire-retarding elastomer,such as Dow Corning 790.

Additionally, a coating 406 may be used intermediate the foam member 102and the intumescent member 106. The coating 400 may have a moistureresistance to better retard moisture from reaching the intumescentmember 106 from the foam member 102, or may be adhesive to betterfacilitate a bond between the foam member 102 and the intumescent member106 or the fire retarding layer 402, and may be applied to one or bothof the foam member 102 and the intumescent member 106.

The fire-resistant and water-resistant expansion joint seal 100 mayfurther include an insulating layer 408, such as a silicate at the top404 of the fire-resistant and water-resistant expansion joint seal 100,over the fire retarding layer 402, or in the foam member 102, to add arefractory of insulating function. However, such a layer, unlessotherwise selected, would not be a fire-retardant liquid glassformulation.

Referring to FIG. 5, an end view of another alternative expansion jointseal according to the present disclosure is provided. An externalintumescent member 502, 504 may be provided in conjunction with, or aspart of the fire-resistant and water-resistant expansion joint seal 100.If provided with, but not as part of the fire-resistant andwater-resistant expansion joint seal 100 as provided on site, theexternal intumescent member 502, 504 would be provided for fieldinstallation. The external intumescent member 502, 504 abuts the face510, 512 of the substrate 506, 508 intermediate a portion of thefire-resistant and water-resistant expansion joint seal 100 and thesubstrate 506, 508. As a result, the external intumescent member 502,504 provides protective cover to the substrate 506, 508 above the top ofthe fire-resistant and water-resistant expansion joint seal 100, whilepreferably not obstructing any field application of fireproofing, suchas board or spray applied substrate protection. Preferably, the externalintumescent member 502, 504 provides sufficient protection to thesubstrates 506, 508 such the fire-resistant and water-resistantexpansion joint seal 100 may pass a modified Rijkswaterstaat (RWS) testthat protects against extreme initial temperature exposure within thefirst 12 minutes or meet the requirements of a full RWS or UnderwritersLaboratories (UL) 1709 time-temperature exposure. The UL 1709 test, forexample, is largely a horizontal line at a temperature of 2000° F.regardless of time.

When installed in the field, the external intumescent member 502, 504 ispositioned between the fire-resistant and water-resistant expansionjoint seal 100 and the substrate 506, 508 either before or afterinstallation of the fire-resistant and water-resistant expansion jointseal 100 between the substrates 506, 508, such that it covers the face510, 512 of the substrate 506, 508 which would otherwise be above thefire-resistant and water-resistant expansion joint seal 100 andtherefore exposed. Preferably, the external intumescent member 502, 504extends below the top 404 of the fire-resistant and water-resistantexpansion joint seal 100 at least ten percent (10%) of the foam height114.

To achieve reasonable protection of the face 510, 512 of the substrate506, 508 which would otherwise be above the fire-resistant andwater-resistant expansion joint seal 100, the exposed face 510, 512 andassociated corned 514, 516, the external intumescent member 502, 504should extend below the top 404 of the fire-resistant andwater-resistant expansion joint seal 100, by at least one quarter of aninch, but preferably by a full inch. The external intumescent member502, 504 may be a board or liquid fire retardant, such as W. R. Grace'sMonokote line, or competitive products produced by Isolatek and Promat.

The external intumescent member 502, 504 may be affixed to the system atmanufacture or at the time of installation. The external intumescentmember 502, 504 may be affixed to the fire-resistant and water-resistantexpansion joint seal 100 at manufacture, with the fire-resistant andwater-resistant expansion joint seal 100 supplied in a pre-compressedstate to facilitate installation. Whether at manufacture or atinstallation, the external intumescent member 502, 504 may be providedby applying an intumescent modified epoxy or other adhesive that is alsofire resistant or of a type that will not impede its function.Alternatively, the external intumescent member 502, 504 could be formedat installation by application of a liquid or mastic having fireresistance and adhesive properties directly to the substrate 506, 508 onthe corners 514, 516 and the faces 510, 512. If desired, such anapplication could extend as far as the full length of contact betweenthe substrate 506, 508 and the fire-resistant and water-resistantexpansion joint seal 100, and provide an adhesive function.

Because external intumescent member 502, 504 protects the face 510, 512and the corner 514, 516 of the substrate 506, 508, it is provided in an“L” or angular shape. After the fire-resistant and water-resistantexpansion joint seal 100 and external intumescent member 502, 504 areinstalled between the substrates 506, 508, a fire protection layer 518may be installed over the external intumescent member 502, 504 and thesubstrates 506, 508. Preferably, the fire protection layer 518 extendsto the face 510, 512 of the substrate 506, 508, but may stop before theexternal intumescent member 502, 504, to allow for project specificlimitations precluding the full coverage of the exposed face. Becausethe external intumescent member 502, 504 is either field applied or partof the supplied foam expansion joint such that it provides exposedcorner substrate protection, the need for expensive stainless steel “J”metal angles to be mechanically anchored and extend over the expansionjoint for spray applied coatings at joint and other fire resistantcoating terminations is eliminated.

Referring to FIG. 6, an alternative embodiment including a coating maybe provided. Multiple coatings may be selected to provide further oralternative benefits to the foam member 102. The top coating 602 appliedto the foam member 102 may be an elastomer coating, or intumescentcoating, or an insulating coating. The top coating 602 may be a fullcoating of the entire top of all foam members 102, or may be only apartial coating of some or all of the foam members 102. The top coating602 may be flexible, or may be semi-rigid, and may be selected toincrease the load carrying capacity of the fire-resistant andwater-resistant expansion joint seal 100.

The exposed foam top surface may be coated or partially coated with aflexible or semi-rigid elastomer to increase load carrying capabilitywhich is further enhanced by the supporting intumescent members. These,or other coatings, may be used to provide waterproofing, fireresistance, or additional functional benefits. The top coating 602 mayprovide a redundant sealant and may be on the side of a laminate of thefoam body 102. The top coating 602 may be particularly beneficial inconnection with use of a foam member 102 which is not impregnated oronly slightly impregnated, so that the top coating 602 may provide aprimary sealant, protecting the foam member 102 from moisture orincreasing its resiliency. The top coating 602 may be a hydrophilicpolymer, a flexible elastomer or antimicrobial coating.

Referring to FIG. 7, the fire-resistant and water-resistant expansionjoint seal 100 may include at least one foam member 102 impregnated withan impregnate 706, such as a fire retardant such as aluminumtrihydroxide about ten percent of the distance of the foam width 104from the foam body first side 704. Additional function properties can beadded by surface impregnating the exposed or outside surfaces of thefoam as well as the inside portion if additional properties aredesirable.

Referring to FIG. 8, an alternative embodiment of the present disclosureis provided. Because of the relative softness and ease ofcompressibility of medium density viscoelastic foams, they may be usedin seals allowing for easy hand compression and installation at the jobsite. Such a seal would not require factory compression before delivery,reducing manufacturing costs and the expense of the packaging materialneeded to maintain compression. The foam members 102 could be formed ofcommercially available vapor permeable foam products or by formingspecialty foams. Commercial available products which provide vaporpermeable and excellent fire resistant properties are well known, suchas Sealtite VP or Willseal 600. It is well known that a vapor permeablebut water resistant foam joint sealant may be produced leaving at leasta portion of the cell structure open while in compression such thatwater vapor can escape through the impregnated foam sealant. Water isthen ejected on the exterior of a foam member 102 because the foam,and/or any impregnation, is hydrophobic and therefore repels water.Water can escape from the foam sealant or wall cavity through watervapor pressure by virtue of the difference in humidity creating unequalpressure between the two areas. Because the cell structure is stillpartially open the vapor pressure drive is sufficient to allow moistureto return to equalization or the exterior of the structure. By acombination of compression ratio and impregnation density of ahydrophobic component the water resistance capacity can be increased toprovide resistance to various levels of pressure or driving rain.

The present disclosure may further incorporate a membrane, which may bevapor impermeable or vapor permeable, for further benefits. Referring toFIG. 8, the membrane 802 may be positioned between the foam members 102adjacent the intumescent members 106 for a vertical benefit, betweenadjacent foam members 102, or may be horizontally imposed to section thefoam members 102 into an upper foam member 102 a and a separate lowerfoam membrane 102 b. When horizontally aligned, the membrane 802provides a barrier to foreign matter penetrating through the foam body102 and to opposing surface of the joint, thus ensuring some portion ofthe foam bodies 102 are not susceptible to contaminants and thereforecontinues to function. As the foam members 102 may be composed of avapor permeable foam, such a composition becomes particularly beneficialwhen a barrier or membrane 802 is present, such as at the bottom surface804 of the foam members 102 and is adhered to the bottom surface 804. Asa result, the foam members 102 above—and, if included, below—a membrane802 may retain and then expel moisture, preventing moisture frompenetrating in an adjacent substrate. As can be appreciated, to beeffective, the membrane 802 is preferably sized to be no smaller in anydimension than the adjacent foam body 102, when adjacent, or foam bodies102, when positioned below, but may be sized to less than the cumulativewidths of the foam members 102 and intumescent members 106, to providefor compression without substantial bowing of the membrane 802.Consistent with uses known in the art, the present disclosure may beassociated with a central non-conductive spine and cover plate assemblyfor those uses wherein high traffic is anticipated, as well as forcompliance with Department of Transportation requirements.

Referring to FIG. 9, a first fire-resistant and water-resistantexpansion joint seal 100 may be overlaid with a membrane 900, over whichmay be positioned a second fire-resistant and water-resistant expansionjoint seal, positioning the membrane 900 within the effective seal.

Moreover, as illustrated in FIG. 10, the intumescent members 106 mayalternatively be positioned to provide a spring force on a planenon-parallel to the face of the substrates, resulting in lateral forcesbeing unequally distributed into the foam member 102, and discouragingor offsetting any compression set. Forces downwardly applied to thefire-resistant and water-resistant expansion joint seal 100 are not onlytransferred to the foam member 102, which readily compresses, but alsothe interspersed intumescent members 106, which compresses in responseto the loading in light of its own spring force. When compressed, theintumescent members 106 transfer the load laterally into the foam member102. The intumescent members 106 therefore support downward loads bycompressive support. This positioning may be accomplished, for exampleby providing a second fire-resistant and water-resistant expansion jointseal 100, such as illustrated in FIGS. 8 and 9, but aligned at a rightangle, or by interposing intumescent members 1002 at a right anglebetween those longitudinally positioned between the foam members 102, orby simply positioning a short intumescent member 1004 in the externalfoam member 102.

Intumescent members 106 may have an intumescent length 204 shorter thanthe foam length 202, and a plurality of separate intumescent members 106may be sequentially positioned along the foam 102 to be nearlyequivalent to the foam length 202. Separate, shorter intumescent members106 may be beneficial in avoiding any propagation of a failure of theresiliency of any one intumescent member 106.

The fire-resistant and water-resistant expansion joint seal 100disclosed herein, in its various embodiments, thus provides a water andfire resistant joint sealant that passes all of the testing requirementsof UL2079-2008 including passing or meeting the fire endurancerequirements for horizontal and vertical joints, meeting therequirements for all movement and cycling classifications, passing thevertical wall hose stream component and achieve the UL 2079 air andwater resistance ratings, including passing Section 9.6 Movement Cycling(any one of the three regimes), and Section 11 Fire Endurance.

Thus, for the joint seal 100, a bottom surface temperature of a bottom124 of the plurality of foam members 102 at a maximum joint width 126increases no more than 181° C. after sixty minutes when the joint seal100 is exposed to heating according to the equation T=20+345*LOG(8*t+1),where t is time in minutes and T is temperature in C. The joint seal100, wherein the plurality of foam members 102 have a maximum jointwidth 126 of more than six (6) inches and a bottom surface temperatureof a bottom 124 of the plurality of foam members 102 increases no morethan 139° C. after sixty minutes when the joint seal 100 is exposed toheating according to the equation T=20+345*LOG(8*t+1), where t is timein minutes and T is temperature in C. The joint seal 100 is adapted tobe cycled one of 500 times at 1 cycle per minute, 500 times at 10 cyclesper minute and 100 cycles at 30 times per minute, without indication ofstress, deformation or fatigue.

The foregoing disclosure and description is illustrative and explanatorythereof. Various changes in the details of the illustrated constructionmay be made within the scope of the appended claims without departingfrom the spirit of the invention. The present invention should only belimited by the following claims and their legal equivalents.

What is claimed is:
 1. A fire-resistant, water-resistant and vaporpermeable expansion joint seal, comprising: a plurality of foam members,one of the plurality of foam members composed of a closed cell foam; andan intumescent member, the intumescent member having a lateral crosssection presenting a wave-like profile, the intumescent member having anintumescent member spring force, the intumescent member interspersedbetween two of the plurality of foam members.
 2. The joint seal of claim1, wherein each of the plurality of foam members is selected from thegroup consisting of a rectangular prism and a shape complementary to thewave-like profile.
 3. The joint seal claim of 1 wherein one of theplurality of foam members has a density of about 16-45 kg/m³.
 4. Thejoint seal of claim 1, wherein the spring force is parallel to thevertical axis of the joint seal.
 5. The joint seal of claim 1, whereinthe spring force is non-parallel to the vertical axis of the joint seal.6. The joint seal of claim 1, further comprising a second intumescentmember wherein the intumescent member and the second intumescent memberpresent a common wave-like profile.
 7. The joint seal of claim 1,further comprising a second intumescent member having a second wave-likeprofile wherein the wave-like profile is dissimilar to the secondwave-like profile.
 8. The joint seal of claim 1, wherein the wave-likeprofile is selected from the group consisting of a triangular wave, asine wave, a square wave, a sawtooth wave and an irregular wave.
 9. Thejoint seal of claim 1, wherein a foam width of the plurality of foammembers is smaller at a center of the joint seal than at an end of thejoint seal.
 10. The joint seal of claim 1, further comprising: a topcoating applied to a top of the plurality of foam members selected fromthe group consisting of a flexible elastomer coating, a semi-rigidelastomer coating, an intumescent coating, an insulating coating, ahydrophilic coating, and an antimicrobial coating.
 11. The joint seal ofclaim 1, wherein the one of the plurality of foam members composed of aclosed cell foam has a compressibility less than a compressibility ofanother of the plurality of foam members.
 12. The joint seal of claim 1,wherein each of the plurality of foam members includes an additiveselected from the group consisting of a fire retardant additive and awater resistance additive.
 13. The joint seal of claim 1, furthercomprising a vapor-permeable membrane positioned intermediate one of theplurality of foam members and the intumescent member.
 14. The joint sealof claim 1, wherein each of the plurality of foam members has a bottomsurface and further comprising a vapor permeable membrane adhered to thebottom surface of at least one of the plurality of foam members.
 15. Thejoint seal of claim 14, further comprising a fire resistant layer acrossa top of the plurality of foam members.
 16. The joint seal of claim 15,further comprising an external intumescent member adjacent a portion ofone of the plurality of foam members on a first side near a top of theplurality of foam members.
 17. The joint seal of claim 1, furthercomprising: each of the plurality of foam members having a foam height;and the intumescent member having an intumescent member height; and theintumescent member height being less than the foam height of theplurality of foam members.
 18. The joint seal of claim 1, furthercomprising: each of the plurality of foam members having a foam height;the intumescent member having an intumescent member height; and theintumescent member height being greater than the foam height of each ofthe plurality of foam members.
 19. The joint seal of claim 1, wherein abottom surface temperature of a bottom of the plurality of foam membersat a maximum joint width increases no more than 181° C. after sixtyminutes when the joint seal is exposed to heating according to theequation T=20+345*LOG(8*t+1), where t is time in minutes and T istemperature in C.
 20. The joint seal of claim 1, wherein the joint sealis adapted to be cycled one of 500 times at 1 cycle per minute, 500times at 10 cycles per minute and 100 cycles at 30 times per minute,without indication of stress, deformation or fatigue.
 21. The joint sealof claim 1, wherein the plurality of foam members having a maximum jointwidth of more than six (6) inches and a bottom surface temperature of abottom of the plurality of foam members increases no more than 139° C.after sixty minutes when the joint seal is exposed to heating accordingto the equation T=20+345*LOG(8*t+1), where t is time in minutes and T istemperature in C.
 22. A fire-resistant and water-resistant expansionjoint seal, comprising: a foam member composed of a closed cell foam;the foam member having a foam height; an intumescent member, theintumescent member having a lateral cross section, the lateral crosssection presenting a wave-like profile, the intumescent member having anintumescent member height, the foam height being not less than theintumescent member height, the intumescent member having an intumescentmember spring force, the intumescent member interspersed within the foammember, the intumescent member adhered to the foam member.
 23. Afire-resistant and water-resistant expansion joint seal, comprising: afirst plurality of foam members, one of the first plurality of foammembers composed of a closed cell foam; a first intumescent member, thefirst intumescent member having a lateral cross section presenting awave-like profile; the first intumescent member having a firstintumescent member spring force; the first intumescent memberinterspersed between two of the first plurality of foam members; asecond plurality of foam members; a second intumescent member, thesecond intumescent member having a lateral cross section presenting awave-like profile; the second intumescent member having a secondintumescent member spring force; the second intumescent memberinterspersed between two of the second plurality of foam members; and avapor-permeable membrane, the vapor-permeable membrane adhered to abottom of the first plurality of foam members and the vapor-permeablemembrane adhered to a top of the second plurality of foam members. 24.The joint seal of claim 23, further comprising a vapor-impermeablemembrane positioned intermediate one of the plurality of foam membersand the intumescent member.